Madras High CourtCMA(MD)/4/2020dismissed for default

Murugan Alias James(Died) Umadevi v. The Proprietor

2023-02-03Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :03.02.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI Murugan @ James (Died) 1.Umadevi 2.Muthu Meenakshi 3.Pitchaiammal .. Appellants / Claimants Vs.

1.The Proprietor, Luke Exports, Padanthalu Moodu, Vilavancode Taluk, Kanyakumari District.

2.The Manager, Oriental Insurance Company Limited., Micro Office, Lakshmi Orcade, Kavanadu Post, Kollam, Quilon, Kerala - 690 101.

.. Respondents/ Respondents 1 / 4

Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to enhance the award, dated 26.06.2018, made in M.C.O.P.No.1536 of 2015, on the file of the Motor Accident Claims Tribunal - Chief Judicial Magistrate, Madurai. For Appellants : No appearance For Respondent No.2 : Mr.E.Chandrasekaran Respondent No.1 : Ex-parte

JUDGMENT

Today (03.02.2023), when the matter is taken up for hearing, there is no representation on the side of the appellants.

2. This appeal is pending from the year 2020. This matter is placed before me, on 12.12.2022, at that time, the learned counsel for the appellants was not ready for argument and the case was adjourned to 20.12.2022. On 20.12.2022, the learned counsel for the appellants was not ready for argument and hence, the matter was adjourned. On 23.01.2023, when the matter was taken up for hearing, the learned counsel for the appellants was not ready for argument and hence, the case was adjourned to 03.02.2023, under the caption "for arguments or for orders". 2 / 4

3. Even today (ie.03.02.2023), when the matter was called, there was no representation on the side of the appellants. The learned counsel for the second respondent is ready for arguments.

4. There is no use in keeping the case pending any further. Already sufficient opportunity was given to the appellants. Hence, this Appeal is dismissed for default. No costs.

03.02.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No Ls To 1.The Chief Judicial Magistrate, Motor Accident Claims Tribunal, Madurai.

2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

3 / 4

R. THARANI, J.

Ls Judgment made in 03.02.2023 4 / 4